WOMEN LABOUR

1. Women Labour Cell:

A separate Cell for women labour which was set up in 1975, is functioning in the Ministry to pay special attention to the problems of women labour. The Cell is responsible for the following task:
(i) Coordinating effort in respect of Women labour within the policy framework on women drawn by Ministry of Women and Child Development – the Nodal department on the issue.
(ii) Work in conjunction with Ministry of Women and Child Development and provide useful inputs on women workforce for effective formulation of Programmes and Policies on the subject.
(iii) Implementation of the Equal Remuneration Act, i.e., its extension to various employments/Industries and examination of the difficulties, if any, pointed out by the units/Industries.
(iv) Setting up of Advisory Committee for promotion of employment of women under the Equal Remuneration Act, 1976 and providing secretariat assistance to the Committee.
(v) Follow up action on the Supreme Court Judgement in the matter of prevention of sexual harassment of women at their work place and periodical reviews of the initiatives taken in the matter in consultation with related agencies viz. National Commission for Women, Ministry of Women and Child Development, National Labour Institute, etc.
(vi) The Cell is also administering a grants-in-aid Scheme for providing financial assistance to organization (voluntary and non-government) for taking up action programmes/projects for the benefit of women labour.

2. Equal Remuneration Act, 1976

Enforcement of the Equal Remuneration Act, 1976 :
The implementation of the Equal Remuneration Act, 1976 is done at two levels.
Central Sphere: The Act is being implemented by the Central Government in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oil field or major port or any corporation established by or under a Central Act.

In the Central sphere, the enforcement of Equal Remuneration Act, 1976 is entrusted to the Chief Labour Commissioner ( Central ) who heads the Central Industrial Relations Machinery (CIRM). The Central Government has appointed Labour Enforcement Officers as Inspectors for the purpose of making investigation by causing production of relevant registers/records as to whether the provisions of the Equal Remuneration Act, 1976 are being complied with by the employers, who are required to maintain the roll of employee in Form-D. Assistant Labour Commissioners have been appointed as authorities for the purpose of hearing and deciding complaints with regard to the contravention of any provision of the Act, claims arising out of non payment of wages at equal rate to men and women workers. The Regional Labour Commissioners have been appointed as appellate authorities to hear complaints in respect of cases decided by the ALCs.

State Sphere: In respect of all employments other than those where the Central Government is the appropriate Government, the implementation rests with the State Governments.
In the case of employments where the State Government are appropriate authorities, the enforcement of the provisions of the E.R.Act, 1976 is done by the officials of the State Labour Department. The Central Government monitors the implementation of the provisions of the Equal Remuneration Act, 1976 by the State Governments.

Central/State Advisory Committee

A Central Advisory Committee has been set up at the Centre under the Act to advise the Government on providing increasing employment opportunities for women and generally reviewing the steps taken for effective implementation of the Act.

3. Grants-in-aid Scheme:

The Ministry is running a Grant-in-aid Scheme for the welfare of women labour. This Scheme, which has been continuing since Sixth Five Year Plan (1981-82), is administered through voluntary organizations by giving grant-in-aid to them for the following purposes:
(i) Organizing working women and educating them about their rights/duties. Legal aid to working women.
(ii) Seminars, workshops, etc. aiming at raising the general consciousness of the society about the problems of women labour.
As per the provisions of the Scheme, grants-in-aid is being provided as 75% of the total cost of the project. However, the projects relating to studies entrusted to various institutes are funded in full, i.e., 100%.
However, it has been decided that since income generation activities are better covered through schemes formulated by the Ministries of Rural Development, HRD, etc. in order to avoid duplication, we should concentrate on the projects related to creation of awareness generation among women labour/workers so that they may be educated about their rights, the number of schemes, programmes, etc. related to them being launched by various Central/State Agencies.

4. Supreme Court Guidelines on Sexual Harassment of Women Workers:

The Hon’ble Supreme Court of India, in the case of writ petition No.666-70 of 1992 filed by Vishaka & Ors.Vs State of Rajasthan & Ors. has laid down certain guidelines for the prevention of sexual harassment of women employees in their work places. The Guidelines have the force of law under Article 141 of the Constitution of India. The guidelines provide a definition as to what constitutes sexual harassment and further provides for establishment of a mechanism for redressal of complaints.
 Pursuant to the judgment of the Hon’ble Supreme Court, The Ministry of Labour wrote to all the Central Ministries/Departments, the State Govts./U.Ts and CPSUs to implement the guidelines contained in the judgment in letter and spirit. The All India Services to the effect that sexual harassment at the work place constitutes a misconduct for which a Government Servant is liable for disciplinary action.
 The Deptt. of Personal and Training has amended the Central Civil Services (Contact) Rules, 1964 to the effect that sexual harassment at the work place constitutes a misconduct for which a Government Servant is liable for disciplinary action.
 The Ministry of Labour and Employment has constituted a committee to deal with sexual harassment complaints by employees of Main Secretariat of the Ministry and Subordinate Offices of Directorate General of Employment & Training and Chief Labour Commissioner (Central) and similar committee has been constituted in the V.V.Giri National Labour Institiute (NLI), Noida.